Pages tagged "lawsuit"

  • Federal Judge Tosses AZ Governor Brewer's Attempt at Blocking Voter Initiative

    In a major victory for safe access in the Grand Canyon state, a federal judge has thrown out a lawsuit filed by Arizona Governor Jan Brewer, who must now implement the Arizona Medical Marijuana Act (AMMA).


    Brewer’s lawsuit was technically filed under the guise of protecting state workers from federal prosecution, but in reality was a thinly veiled attempt to thwart the will of the majority of Arizona voters who passed the AMMA in 2010. In fact, the lawsuit bordered on the absurd, as it attempted to utilize 20 fictitious defendants as part of the basis for the case.  However, Brewer’s refusal to fully implement AMMA has not stopped her from collecting nearly $3 million in fees from the approximately 19,000 Arizonans who have registered as patients. What’s more is Brewer’s own lawsuit admits that she, along with “employees and officers of the State of Arizona have a mandatory duty to implement and oversee the administration of the AMMA,” (emphasis added).

    Not only does Americans for Safe Access agree with the Governor’s assertion that the Arizona government has a mandatory obligation to implement the AMMA, but on behalf of patients and caregivers, we demand the swift implementation of the program. For some Arizonans, yesterday’s victory came years, months, weeks, or perhaps even mere days too late. Now is the time for Governor Brewer to act so that no more patients in Arizona suffer needlessly as the expense of political posturing.

    Ruling by U.S. District Court Judge Susan R. Bolton (contains the text quoted above from Brewer's lawsuit): http://www.scribd.com/doc/77175415/Mmj-Lawsuit-Dismissed

    Arizona Medical Marijuana Act: http://www.azdhs.gov/medicalmarijuana/rules/index.htm#statutes
  • LA City Attorney Turns Up the Heat

    The Los Angeles City Attorney’s office has filed a complaint (download sections 1- 2 -3 - 4) asking for a Temporary Restraining Order and Permanent Injunction closing 135 pre-moratorium medical cannabis collectives deemed ineligible to register under the city’s new ordinance. The complaint is City Attorney Carmen Trutanich’s latest escalation in his campaign to roll back safe access to medical cannabis in the city. His aggressive posture has already raised the ire of patients, legal collective operators, and advocates in the state’s largest city – including many who played an instrumental role in developing and promoting regulation in the city. Yesterday, the City Clerk’s office surprised collective operators by publishing a “Preliminary Priority List,” which indicated that less than 25% of the collectives which applied to register with the city were eligible to do so. Each ineligible collective will receive a letter explaining why they were excluded this week. Early reports indicate that unauthorized relocations, changes in ownership or management, and problematic background checks are leading causes for ineligibility. That only 25% of the collectives survived the initial vetting speaks to the severity of the city’s ordinance and the narrow interpretation championed by the City Attorney. City Councilmembers can expect renewed controversy over the escalation when they return from recess in September. There will also be new litigation, as “ineligible” collectives seek relief based on a myriad of individual circumstances. The development and implementation of medical cannabis regulations in Los Angeles has been a case study in what not to do. The long delay in writing regulations, botched moratorium, indecision on interim operating policies, reckless 11th-hour amendments, and absolute breakdown in enforcement have left patients in a state of confusion and fear. It did not have to be this way. Other cities and counties have successfully regulated medical cannabis already. Angelinos hope that their elected officials will realize that there is a better way to achieve the proven benefits of regulation – reduced crime, fewer complaints, and increased revenue – and abandon this costly path of obstruction and delay.